HomeMy WebLinkAbout01-58 - Resolutions RESOLUTION NO. 01-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT DISTRICT AMENDMENT DRCDDA01-01,A REQUEST TO
AMEND THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK
TO MIXED USE FOR APPROXIMATELY 18.5 ACRES LOCATED AT THE
SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL
BOULEVARD (APN: 208-331-01 AND PORTIONS OF 25 AND 26) AND
FROM MEDIUM-HIGH RESIDENTIAL(14-24 DWELLING UNITS PERACRE)
TO MIXED USE FOR APPROXIMATELY 13 ACRES LOCATED 630 FEET
WEST OF HAVEN AVENUE ON THE NORTH SIDE OF CIVIC CENTER
DRIVE(APN: 208-331-24 AND PORTIONS OF 25 AND 26), ESTABLISHING
SUBAREA 19 WITHIN THE INDUSTRIAL DISTRICTS FOR THE COMBINED
MIXED USE SITE, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Burnett Companies filed an application for Development District Amendment DRCDDA01-
01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Development District Amendment is referred to as "the application."
2. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on an associated application and issued Resolution
No. 01-57, recommending to the City Council that General Plan Amendment DRCGPA 01-01B be
approved.
3. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on June 13, 2001, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to approximately 31.5 acres of land, basically a square
configuration, located on the south side of Foothill Boulevard, north of Civic Center Drive between
Haven Avenue and the Deer Creek Flood Control Channel. Said properties are currently designated
as Industrial Park as part of the Haven Overlay District and Medium-High Residential(14-24 dwelling
units per acre); developed with a single family residence and small agricultural storage structure; and
b. The properties to the north of the subject site is designated General Commercial
and are developed with retail and office shopping centers. The properties to the west, on the.
opposite side of Deer Creek Flood Control Channel, are designated Commercial/Office and Low-
PLANNING COMMISSION RESOLUTION NO. 01-58
DRCDDA 01-01 — BURNETT COMPANIES
June 13, 2001
Page 2
Medium Residential (4-8 dwelling units per acre) within the Foothill Boulevard District, and are
partially developed with a retail wine store. The properties to the east are designated Industrial Park
and are developed with an office complex. The properties to the south are designated Industrial
Park as part of the Haven Overlay District and Medium-High Residential (14-24 dwelling units per
acre) and are partially developed with an apartment complex; and
C. This amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development within the district in a manner consistent with the General Plan and
with related development; and
d. This amendment does promote the goals and objectives of the Land Use Element;
and
e. This amendment would not be materially injurious or detrimental to the adjacent
properties and would not have a significant impact on the environment nor the surrounding
properties.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. That the subject property is suitable for the uses permitted in the proposed district in
terms of access, size, and compatibility with existing land use in the surrounding area as evidenced
by its frontage on a public street, its size exceeding minimum size requirements for the land use
designation, and the evidence of similar uses existing in the immediate area; and
b. That the proposed amendment would not have significant impacts on the
environment nor the surrounding properties as evidenced by the existing multiple family and small
commercial activities in the immediate area; and
C. That the proposed amendment is in conformance with the General Plan which
contains provisions for Mixed Use land use designations.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and recommends adoption of a Mitigated
Negative Declaration and the Monitoring Program, attached hereto and incorporated herein by this
reference, based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to an acceptable level by imposition of mitigation measures on the project,which are listed
below.
PLANNING COMMISSION RESOLUTION NO. 01-58
DRCDDA 01-01 — BURNETT COMPANIES
June 13, 2001
Page 3
Environmental Mitigation
Air Quality
1) The site shall be treated with water a minimum of twice per day, or
other soil stabilizing agent(approved by SCAQMD and RWQCB)daily
to reduce PM10 emissions, in accordance with SCAQMD Rule 403.
This will result in a minimum reduction of 68 percent of PM10
emissions during grading.
2) Public roads used for access to the site (Haven, Foothill and Civic
Center) shall be swept according to a schedule established by the
City to reduce PM10 emissions associated with vehicle tracking of soil
off-site. The site access haul road will be watered a minimum of
twice daily. Timing may vary depending upon time of year of
construction. This will result in approximately three percent reduction
of PM10 emissions.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes. Emissions reduction not quantifiable.
4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM10 emissions.
5) Vehicle speeds will be restricted to less than 15 miles per hour on
unpaved portions of the site. This will reduce PM10 emissions by 70
percent.
6) The construction contractor shall select the construction equipment
used on-site based on low emission factors and high-energy
efficiency. The construction contractor shall ensure the construction
grading plans include a statement that all construction equipment will
be tuned and maintained in accordance with the manufacturer's
specifications. This will result in five percent reductions of ROG, NO„
and PM10 emissions.
7) The construction contractor shall utilize electric or clean alternative
fuel powered equipment where feasible.
8) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment
when not in use.
Traffic
1) To mitigate the impacted intersections to LOS D or better, the
applicant shall pay traffic impact fees that amount to the project's fair
share of roadway improvements as identified by the City Engineer.
These include but are not limited to widening roadways to their full
PLANNING COMMISSION RESOLUTION NO. 01-58
DRCDDA 01-01 — BURNETT COMPANIES
June 13, 2001
Page 4
width to add additional lanes, restriping existing roads to add
additional lanes, signalizing intersections, or other improvements
identified by the City Engineer.
2) If the applicant proposes to develop the project with parking
accommodations less than currently specified by the Development
Code, concurrent with the Development/Design Review of the first
phase of the project, the applicant shall submit a parking study that
shows the feasibility of the proposed shared parking concept. The
shared parking plan and accompanying parking study must be
reviewed, and if deemed acceptable by the City, could result in
approval of a shared parking plan. Otherwise, the adopted City
parking requirements will be uniformly applied to the project.
Hazardous Materials
1) Prior to demolition of buildings on-site, the applicant shall submit an
asbestos abatement report to ensure building materials that may
contain ACM are sampled and removed in accordance with applicable
regulations. Materials containing less than 0.1 percent asbestos are
non-regulated and do not require removal prior to demolition.
Material containing 0.1 percent or more asbestos are considered
regulated and must be removed prior to demolition.
Noise
1) A perimeterwall shall be constructed around the outdoor play area of
the proposed day care center. The optimum height and depth of the
wall and material to be uses shall be determined in a specific noise
evaluation that shall be completed during the design phase of the day
care center. The noise evaluation shall be submitted with the design
drawings for review and approval by the City Engineer prior to
commencement of construction of the day care center.
2) Prior to issuance of building permits for the residential components of
the project, the applicant shall prepare a noise evaluation that
identifies future exterior and interior noise levels and identifies
measures required to reduce noise impacts to less than significant
levels. These measures may include but are not limited to double-
paned windows, additional insulation of exterior walls, and the
installation of air-conditioning units. The type of window, insulation,
and air conditioning units shall be determined in consultation with City
staff. The air conditioning system(s) shall be of a type that does not
add appreciably to the degradation of the acoustical environment
around the residential units and is approved by the City of Rancho
Cucamonga.
C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning Commission finds as follows: In considering the record as a whole, the
Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon
PLANNING COMMISSION RESOLUTION NO. 01-58
DRCDDA 01-01 — BURNETT COMPANIES
June 13, 2001
Page 5
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
Commission during the public hearing, the Planning Commission hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of Development District Amendment DRCDDA 01-01
to establish a Mixed Use District and Industrial Subarea 19, at the site described in this Resolution by
the adoption of the attached City Council Ordinance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2001.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
f. Mc iel, Chairman
ATTEST:
Brad B ecretar)
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 13th day of June 2001, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: GPA 01-01B, DDA01-01, DCA01-01, DR00-79, and TT16179
This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration for the above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components -This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance. The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management-The MMP will be in place through all phases of the project. The project
planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of the
conditions (mitigation)that relate to that department.
Procedures -The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action,what action will betaken and when,and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga - Lead Agency
Planning Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Mitigation Monitoring Program
GPA01-01B, DDA01-01, DCA01-01, DR00-79, and TT16179
Page 2
3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as
determined by the project planner or responsible City department,to monitor specific mitigation
activities and provide appropriate written approvals to the project planner.
4. The project planner or responsible City department will approve, by signature and date, the
completion of each action item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of
development.
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The project planner is responsible for approving any such refinements or additions.
An MMP Reporting Form will be completed by the project planner or responsible City department
and a copy provided to the appropriate design, construction, or operational personnel.
7. The project planner or responsible City department has the authority to stop the work of
construction contractors if compliance with any aspects of the MMP is not occurring afterwritten
notification has been issued. The project planner or responsible City department also has the
authority to hold certificates of occupancies if compliance with a mitigation measure attached
hereto is not occurring. The project planner or responsible City department has the authority to
hold issuance of a business license until all mitigation measures are implemented.
8. Any conditions (mitigation) that require monitoring after project completion shall be the
responsibility of the City of Rancho Cucamonga Community Development Department. The
Department shall require the applicant to post any necessary funds(orotherforms of guarantee)
with the City. These funds shall be used by the City to retain consultants and/or pay for City staff
time to monitor and report on the mitigation measure for the required period of time.
9. In those instances requiring long-term project monitoring, the applicant shall provide the City
with a plan for monitoring the mitigation activities at the project site and reporting the monitoring
results to the City. Said plan shall identify the reporter as an individual qualified to know whether
the particular mitigation measure has been implemented. The monitoring/reporting plan shall
conform to the City's MMP and shall be approved by the Community Development Director prior
to the issuance of building permits.
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: GPA 01-01 B. DR 00-79 Applicant: Burnett Companies
Initial Study Prepared by: Debra Meier Date: May 16, 2001
Mitigation . Responsible Monitoring Timing of Method . . .
Imp
lementing Action for Monitoring Frequency Verification Verification Date
'�'
ry /initials
ls.
raV
The site shall be treated with water a minimum of twice per CP C Review of plans A/C 2
day, or other soil stabilizing agent(approved by SCAQMD
and RWQCB)daily to reduce PM,o emission, in accordance
with SCAQMD Rule 403.
Public roads used for access to the site(Haven, Foothill CP C Review of plans /C 2
and civic Center)shall be swept according to a schedule
established by the City to reduce PM,o emissions
associated with vehicle tracking of soil off-site. The site
access haul road will be watered a minimum of twice daily.
Timing may vary depending upon time of year of
construction.
Grading operations shall be suspended when wind speeds CP C Review of plans A/C 2
exceed 25 mph to minimize PM,o emissions from the site
during such episodes.
Chemical soil stabilizers(approved by SCAQMD and CP C Review of plans A/C 2
RWQCB)shall be applied to all inactive construction areas
that remain inactive for 96 hours or more to reduce PM,o
emissions. CP B/C Review of plans A/C 2
Vehicle speeds will be restricted to less than 15 miles per
hour on unpaved portions of the site. CP B/C Review of plans AIC 2
The Construction contractor shall select the construction
equipment used on-site based on low emission factors and
high-energy efficiency. The construction contractor shall
ensure the construction grading plans include a statement
that all construction equipment will be tuned and
maintained in accordance with the manufacturers CP B/C Review of plans A/C 2
specifications.
The construction contractor shall utilize electric or clean
alternative fuel powered equipment where feasible. CP/CE B Review of plans C 2
The construction contractor shall ensure that construction-
grading plans include a statement that work crews will shut
off equipment when not in use.
Mitigation Measures No. Responsible Monitoring
g of Method .
Implementing Action for Monitoring Frequency Verification Verification
.. - /Initials Non-Compliance
To mitigate the impacted intersections to LOS Dor better, CP B Review of plans C 2
the applicant shall pay traffic impacts fees that amount to
the project's fair share of roadway improvements as
identified by the City Engineer. These include but are not
limited to widening roadways to their full width to add
additional lanes,reshiping existing roads to add additional
lanes, signalizing intersections,or other improvements
identified by the City Engineer.
If the applicant proposes to develop the project with parking
accommodations less than currently specified by the lip
Development Code,concurrent with the
Development/Design Review of the first phase of the
project,the applicant shall submit a parking study that
shows the feasibility of the proposed shared parking
concept. The shared parking plan and accompanying
parking study must be reviewed, and if deemed acceptable
by the City,could result in approval of shared parking plan.
Otherwise,the adopted City parking requirements will be
uniformly applied to the project.
Prior to demolition of buildings on-site, the applicant shall CID 4 B Review of plans C z
submit an asbestos abatement report to ensure building
materials that may contain ACM are sampled and removed
in accordance with applicable regulations. Materials
containing less than 0.1 percent asbestos are non-
regulated and do not require removal prior to demolition.
Material containing 0.1 percent or more asbestos are
considered regulated and must be removed prior to
demolition.
A perimeter wall shall be constructed around the outdoor B Review of plana C z
play area of the proposed day care center. The optimum
height and depth of the wall and material to be used shall
be determined in a specific noise evaluation that shall be
completed during the design phase of the day care center.
The noise evaluation shall be submitted with the design
drawings for review and approval by the City Engineer prior
to commencement of construction of the day care center.
Prior to issuance of building permits for the residential CP B Review of plans C 2
components of the project,the applicant shall prepare a
noise evaluation that identifies future exterior and interior
noise levels and identifies measures required to reduce
Mitigation . . . • Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification
Date/initials Non-Compliance
noise impacts to less than significant levels. These
measures may include but are not limited to double-paned
windows, additional insulation of exterior walls, and the
installation of air-conditioning units. The type of window,
insulation, and air conditioning units shall be determined in
consultation with City staff. The air conditioning system(s)
shall be of a type that does not add appreciably to the
degradation of the acoustical environment around the
residential units and is approved by the City of Rancho
Cucamonga.
Key to Checklist Abbreviations
CDD-Community Development Director A-With Each New Development A-On-site Inspection 1-Withhold �.
Recordation of Final Map
CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit
CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy
BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order
PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds
FC-Fire Chief or designee 6-Revoke CUP
I:\PLANNING\FINALICEQA\MMCHKLST.W PD
•
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT
AMENDMENT DRCDDA01-01,TO AMEND THE DEVELOPMENT DISTRICT
MAP FROM INDUSTRIAL PARK TO MIXED USE FOR APPROXIMATELY
18.5 ACRES, LOCATED AT THE SOUTHWEST CORNER OF HAVEN
AVENUE AND FOOTHILL BOULEVARD(APN:208-331-01 AND PORTIONS
OF 25 AND 26) AND FROM MEDIUM-HIGH RESIDENTIAL (14-24
DWELLING UNITS PER ACRE)TO MIXED USE FOR APPROXIMATELY 13
ACRES LOCATED 630 FEET WEST OF HAVEN AVENUE ON THE NORTH
SIDE OF CIVIC CENTER DRIVE(APN:208-331-24 AND PORTIONS OF 25
AND 26), ESTABLISHING SUBAREA 19 WITHIN THE INDUSTRIAL
DISTRICTS FOR THE COMBINED MIXED USE SITE, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Burnett Companies filed an application for Development District Amendment
DRCDOA01-01 as described in the title of this Ordinance. Hereinafter in this Ordinance,the subject
Development District Amendment is referred to as "the application."
2. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the an associated application and issued Resolution
No. 01-57, recommending to the City Council that the General Plan Amendment DRCGPA 01-01 B
be approved.
3. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and issued Resolution No. 01-58,
recommending to the City Council that the Development District Amendment No. 01-01 be
approved.
4. On July_, 2001, the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the an associated application and issued Resolution No._, approving
the General Plan Amendment DRCGPA01-01 B.
5. On July_, 2001, the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the application.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Ordinance are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing on July_, 2001, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
CITY COUNCIL ORDINANCE NO.
DRCDDA01-01 — BURNETT COMPANIES
Page 2
a. The application applies to approximately 31.5 acres of land, basically a square
configuration, located on the south side of Foothill Boulevard, north of Civic Center Drive between
Haven Avenue and the Deer Creek Flood Control Channel. Said properties are currently designated
as Industrial Park as part of the Haven Overlay District and Medium-High Residential (14-24
dwelling units per acre); developed with a single family residence and a small agricultural storage
structure; and
b. The properties to the north of the subject site is designated General Commercial
and are developed with retail and office shopping centers. The properties to the west, on the
opposite side of Deer Creek Flood Control Channel, are designated Commercial/Office and Low-
Medium Residential (4-8 dwelling units per acre) within the Foothill Boulevard District and are
partially developed with a retail wine store. The properties to the east are designated Industrial Park
and are developed with an office complex. The properties to the south are designated Industrial
Park as part of the Haven Overlay District and Medium-High Residential (14-24 dwelling units per
acre) and are partially developed with an apartment complex; and
C. This amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development within the district in a manner consistent with the General Plan and
with related development; and
d. This amendment does promote the goals and objectives of the Land Use Element;
and
e. This amendment would not be materially injurious or detrimental to the adjacent
properties and would not have a significant impact on the environment nor the surrounding
properties.
3. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Council hereby finds and concludes as follows:
a That the subject property is suitable for the uses permitted in the proposed district
in terms of access, size, and compatibility with existing land use in the surrounding area as
evidenced its frontage on a public street, its size exceeding minimum size requirements for the land
use designation, and the evidence of similar uses existing in the immediate area; and
b. That the proposed amendment would not have significant impacts on the
environment nor the surrounding properties as evidenced by the existing multiple family and small
commercial activities in the immediate area; and
C. That the proposed amendment is in conformance with the General Plan which
contains provisions for Mixed Use land use designations.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration,together with all written and oral reports included for the environmental assessmentfor
the application,the Planning Commission finds that there is no substantial evidence thatthe project
will have a significant effect upon the environment and recommends adoption of a Mitigated
Negative Declaration and the Monitoring Program, attached hereto and incorporated herein by this
reference, based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
CITY COUNCIL ORDINANCE NO.
DRCDDA01-01 — BURNETT COMPANIES
Page 3
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to an acceptable level by imposition of mitigation measures on the project,which are listed
below.
Environmental Mitigation
Air Quality
1) The site shall be treated with water a minimum of twice per day, or
other soil stabilizing agent (approved by SCAQMD and RWQCB)
daily to reduce PM10 emissions, in accordance with SCAQMD Rule
403. This will result in a minimum reduction of 68 percent of PM10
emissions during grading.
2) Public roads used for access to the site (Haven, Foothill and Civic
Center) shall be swept according to a schedule established by the
City to reduce PM10 emissions associated with vehicle tracking of soil
off-site. The site access haul road will be watered a minimum of
twice daily. Timing may vary depending upon time of year of
construction. This will result in approximately three percent reduction
of PM10 emissions.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes. Emissions reduction not quantifiable.
4) Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM10 emissions.
5) Vehicle speeds will be restricted to less than 15 miles per hour on
unpaved portions of the site. This will reduce PM10 emissions by 70
percent.
6) The construction contractor shall select the construction equipment
used on-site based on low emission factors and high-energy
efficiency. The construction contractor shall ensure the construction
grading plans include a statement that all construction equipment will
be tuned and maintained in accordance with the manufacturer's
specifications. This will result in five percent reductions of ROG,
NO., and PM10 emissions.
7) The construction contractor shall utilize electric or clean alternative
fuel powered equipment where feasible.
CITY COUNCIL ORDINANCE NO.
DRCDDA01-01 — BURNETT COMPANIES
Page 4
8) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment
when not in use.
Traffic
1) To mitigate the impacted intersections to LOS D or better, the
applicant shall pay traffic impact fees that amount to the project's fair
share of roadway improvements as identified by the City Engineer.
These include but are not limited to widening roadways to their full
width to add additional lanes, restriping existing roads to add
additional lanes, signalizing intersections, or other improvements
identified by the City Engineer.
2) If the applicant proposes to develop the project with parking
accommodations less than currently specified by the Development
Code, concurrent with the Development/Design Review of the first
phase of the project, the applicant shall submit a parking study that
shows the feasibility of the proposed shared parking concept. The
shared parking plan and accompanying parking study must be
reviewed, and if deemed acceptable by the City, could result in
approval of a shared parking plan. Otherwise, the adopted City
parking requirements will be uniformly applied to the project.
Hazardous Materials
1) Prior to demolition of buildings on-site, the applicant shall submit an
asbestos abatement report to ensure building materials that may
contain ACM are sampled and removed in accordance with
applicable regulations. Materials containing less than 0.1 percent
asbestos are non-regulated and do not require removal prior to
demolition. Material containing 0.1 percent or more asbestos are
considered regulated and must be removed prior to demolition.
Noise
1) A perimeter wall shall be constructed around the outdoor play area of
the proposed day care center. The optimum height and depth of the
wall and material to be uses shall be determined in a specific noise
evaluation that shall be completed during the design phase of the day
care center. The noise evaluation shall be submitted with the design
drawings for review and approval by the City Engineer prior to
commencement of construction of the day care center.
2) Prior to issuance of building permits forthe residential components of
the project, the applicant shall prepare a noise evaluation that
identifies future exterior and interior noise levels and identifies
measures required to reduce noise impacts to less than significant
levels. These measures may include but are not limited to double-
paned windows, additional insulation of exterior walls, and the
CITY COUNCIL ORDINANCE NO.
DRCDDA01-01 — BURNETT COMPANIES
Page 5
installation of air-conditioning units. The type of window, insulation,
and air conditioning units shall be determined in consultation with
City staff. The air conditioning system(s)shall be of a type that does
not add appreciably to the degradation of the acoustical environment
around the residential units and is approved by the City of Rancho
Cucamonga.
C. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California Code of
Regulations,the City Council finds as follows: In considering the record as a whole,the Initial Study
and Mitigated Negative Declaration for the project, there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife
depends. Further, based upon the substantial evidence contained in the Mitigated Negative
Declaration, the staff reports and exhibits, and the information provided to the City Council during
the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in
Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4
above,this Council hereby approves Development District Amendment DRCDDA 01-01 to establish
a Mixed Use District and Industrial Subarea 19 at the site described in this Ordinance,and as shown
in Exhibit "A"to this Ordinance.
6. The City Clerk shall certify to the adoption of this Ordinance.
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